List of issues : India. 27/10/2003.
CRC/C/Q/IND/2. (List of Issues)

Convention Abbreviation: CRC
COMMITTEE ON THE RIGHTS OF THE CHILD
35th Session
Pre-sessional Working Group
6-10 October 2003


IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

List of issues to be taken up in connection with the consideration of the second periodic report of INDIA (CRC/C/93/Add.5)


Part I

Under this section the State party is requested to submit in written form additional and updated information, if possible, before 28 November 2003:

A. Data and statistics

1. Please provide disaggregated data (by States, gender, age groups, minority, tribal and ethnic groups, urban and rural areas) for the years 2000, 2001 and 2002 on the number and proportion of children under 18 living in the State party.

2. In light of article 4 of the Convention, please provide additional disaggregated data for 2001; 2002 and 2003, on budget allocations and trends (in percentages of the national and States budgets or GDP) allocated to the implementation of the Convention for the following areas:
a) education (different types of education, i.e. pre-primary, primary and secondary education);
b) health care (different types of health services, i.e. primary health care, vaccination programmes, adolescent health care and other health care services for children);
c) programmes and services for children with disabilities;
d) support programmes for families, particularly those living below the poverty line;
e) support for children living below the poverty line;
f) the protection of children who are in need of alternative care including the support of care institutions;
g) programmes and activities for the prevention of and protection from child abuse and child sexual exploitation and child labour and for the recovery of these children;
h) juvenile justice.
i) The protection of refugees and internally displaced persons.

Please also indicate the expenses of the private sector, in particular for education.

3. With reference to children deprived of a family environment and separated from parents, please provide disaggregated data (by States, gender, age groups, minority and ethnic groups, urban and rural areas) for the last three years on the number of children:
a) separated from their parents;
b) placed in institutions;
c) placed with foster families;
d) adopted domestically or through inter-country adoptions.

4. Please specify the number of children with disabilities, disaggregated by States, sex, age ethnic and minority group, for the years 2000, 2001 and 2002:
a) living with their families;
b) in institutions;
c) attending regular schools;
d) attending special schools; and
e) not attending schools

5. With reference to child abuse, please provide disaggregated data (by States, age, gender, minority and ethnic group and types of violations reported) for the years 2000, 2001 and 2002 on the:
a) number of reports received per year in the last three years;
b) number and percentage of reports which have resulted in either a court decision or other types of follow-up.

6. Please provide disaggregated data (by States, gender, age groups, minority and ethnic groups, urban and rural areas) for the years 2000, 2001 and 2002 on:
a) the enrolment, attendance and completion rates in percentages of the relevant group in pre-primary schools, in primary schools and in secondary schools (public, private and religious);
b) number and percentage of drop-outs and repetitions;
c) ratio of teachers to students
d) number and proportion of students attending supplementary tuition or tutoring outside of school.

7. Please provide disaggregated statistical data (by States, gender, age groups, minority and ethnic groups, urban, and rural areas) on infant and child mortality, early pregnancy, sexually transmitted infections (STIs) including HIV/AIDS, suicide, drug, alcohol and tobacco abuse for the years 2000, 2001 and 2002.

8. Please provide appropriate disaggregated data (including by States, gender, age, minority and ethnic groups, and type of crime) for the years 2000, 2001 and 2002, in particular on the number of:
a) minors, who have allegedly committed a crime, reported to the police;
b) minors who have been sentenced and type of punishment or sanctions related to offences including length of deprivation of liberty;
c) detention facilities for juvenile delinquents and their capacity;
d) minors detained in these facilities and minors detained in adult facilities;
e) minors kept in pre-trail detention and the average length of their detention;
f) reported cases of abuse and maltreatment of minors during their arrest and detention;
g) number of juveniles tried and sentenced as adults.

9. With reference to special protection measures, please provide statistical data (including by States, gender, age, urban/rural areas) per year between 2000 and 2002 on:
a) the number of children involved in sexual exploitation, including prostitution, pornography and trafficking;
b) the number of children involved in sexual exploitation who received assistance in recovery and counseling;
c) the number of street children;
d) the number of child labourers;
e) the number of unaccompanied minors, asylum-seeking and refugee children.

10. The list of States which have set up Special Courts under the Scheduled Castes
and Scheduled Tribes Prevention of Atrocities Act, 1989 and the number of courts per State and the number of convictions under that Act.

B. General Measures of Implementation

1. With reference to paras. 54-102 of the State party report, the Committee would appreciate to receive updated information receiving information on intended or planned activities related to recommendations contained in the Committee's previous concluding observations (CRC/C/15/Add.115, 23 February 2000) which have not yet been implemented, in particular those related to the definition of the child (para. 26), non-discrimination (paras. 31 and 33) the right to education system (paras. 57-58) and economic exploitation (para. 64).

2. In respect to the declaration made on article 32, please provide more information on its legal grounds and the efforts undertaken to withdraw it.

3. Please provide information on the list of measures taken by each State government for the implementation of the Juvenile Justice (Care and Protection) Act 2000, including the number of juvenile courts and Juvenile Welfare Boards in the respective States.

4. Please provide additional information on the system for data collection and whether it covers in a disaggregated way all children under 18 and all areas under the Convention.

5. Please provide information on the bill, which is currently before Parliament, on the establishment of a national commission for children. In light of the Paris Principles (GA resolution 48/134, annex) and the Committee's General Comment no. 2 (CRC/GC/2002/2), the Committee is particularly interested in information on ensuring its independence and its role in monitoring the Convention.

6. Please provide more specific information on the status and authority of the Department of Women and Child Development (DWCD) in charge of the coordination of the implementation of the Convention, and its relationship with the National Institute of Public Co-operation and Child Development (NIPCCD). How DWCD does relate with the authorities in each State. If any overlap or duplication exists in the areas of competence, inconsistencies in policies, or differences in implementing the Convention among the different levels (federal, State), what measures are undertaken to remedy this situation?

7. Please provide more information on the National Charter for Children and how the provisions and principles of the Convention are taken into consideration.

8. Please indicate the issues affecting children that the State party considers to be priorities requiring the most urgent attention with regard to the implementation of the Convention.

Part II

Please provide copies of the text of the Convention on the Rights of the Child in all official languages of the State party as well as in other languages or dialects, when available. If possible, please submit these texts in electronic form.

Part III

With reference to paras. 9-54 of the State party's report, please provide updated information on actions taken in the areas mentioned and in other areas relevant to the implementation of the Convention. In particular, provide information on (3 pages maximum):
- new bills or enacted legislation
- new institutions
- newly implemented policies
- newly implemented programmes and projects and their scope

Part IV

The following is a preliminary list of major issues that the Committee intends to take up during the dialogue with the State party. They do not require written responses. This list is not exhaustive as other issues might be raised in the course of the dialogue.

1. Discrimination against girls and women, against children living in poverty, disabled children, and children belonging to lower castes, minority and/or indigenous groups.

2. Birth registration, with a particular regard to minority groups and children in rural areas.

3. Corporal punishment in the family, schools and other institutions.

4. Enjoyment by children of their civil rights (articles 13 to 17 of the Convention)

5. Alternative care for children separated from their families.

6. Domestic and inter-country adoptions.

7. Child abuse, including sexual abuse

8. The provision of health care.

9. Education, including with regard to the quality of education, enrolment in primary and secondary schools, the access of vulnerable groups to education and the role of the private sector in that regard

10. The situation of refugee children and families.

11. Economic exploitation, including child labour



12. Sexual exploitation and trafficking of boys and girls.

13. Street children

14. Children belonging to indigenous and/or minority groups.

15. The implementation of the Juvenile Justice Act (2000) and the overall situation of children in conflict with the law, including length and conditions of pre-trial detentions, occurrence of torture and ill-treatment.


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